Académique Documents
Professionnel Documents
Culture Documents
However, we find the award of damages made by the trial court and the Court of Appeals
to be excessive and hardly commensurate with the nature and attendant circumstances of
the tortious act imputed to the petitioner. There was a complete restitution by the
petitioner of the amount of P17,000.00 which was withdrawn by an unauthorized person
thru the use of forged checks. The forgery of the checks had been shown to have been
done so skillfully that it could not have been detected readily by the petitioner's signature
verifiers. The negligence of the petitioner of its employees does not tantamount to a
degree of being wanton and reckless.
In short, we are of the view that the decision appealed from should be modified insofar as
the award of damages is concerned. The modification is to reduce the amounts granted by
way of moral damages and attorney's fees and to eliminate the award of exemplary
damages.
WHEREFORE, the decision appealed from is hereby modified by reducing the award of
moral damages and attorney's fees to P10,000.00 and P5,000.00, respectively, and
eliminating the grant of exemplary damages. No costs.
Teehankee (chairman), Makasiar, Melencio-Herrera, Plana, Relova and Gutierrez, Jr., JJ.,
concur.